The quick answer is YES, New Jersey EZ-PASS debts and the associated “Penalties” are dischargeable.  Many attorneys may respond that these debts are not dischargeable as fines to government entities are not dischargeable and as you may already know, if you fail to pay an EZ-PASS toll of $1.50, the State of New will assess a $50.00 penalty against the $1.50 that you owe.

However, not too long ago the New Jersey Attorney General found that the $50.00 penalty that most of us thought was a fine, was not in fact a fine but was, as the New Jersey Attorney General found, was the cost of collecting the missed/avoided toll.  So based upon the finding that the penalties assessed against the missed/avoided tolls was not a “fine,” the toll and the associated penalty became dischargeable.


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